Najarro v. Superior Court, No. E076328, 2021 Cal. App. LEXIS 883 (Ct. App. Sep. 23, 2021)
Following Dennison v. Rosland Capital LLC (2020) 47 Cal.App.5th 204 and other decisions, this opinion holds that a clear delegation clause, letting the arbitrator decide arbitrability questions was rendered ambiguous and ineffective by a severance clause that referred to an arbitrator or court finding any portion of the arbitration unenforceable. The arbitration clause in an employment setting was unconscionable as… Read More